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(영문) 광주지방법원 2016.09.29 2016고정1093
근로기준법위반등
Text

A fine shall be imposed on the Defendant at KRW 2,500,000 (this hundred thousand won), but if the fine is not paid, KRW 100,000 (one hundred thousand).

Reasons

Punishment of the crime

The defendant is the representative director of the Si/Gu, which is in Gwangju Mine-gu, and is an employer who operates automobile parts manufacturing business by employing two full-time workers.

The defendant worked in the above workplace from February 15, 2013 to October 8, 2015, and did not pay KRW 5,760,000 and retirement pay KRW 5,178,081 within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the police accused;

1. Application of Acts and subordinate statutes to a written petition, average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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